Court refusing such request of the party

Contentions of appellant were that witness sought to be summoned through court was the one who was also cited as such in the list of witnesses submitted by the appellant; that although it was the responsibility of a party to produce its witnesses but when it reported its inability to do so and applied for process of the court for his attendance, there was no sanction in law for refusing such a request

Validity

Record revealed that witness sought to be summoned through the process of the court was the one who was cited as such in the list of witnesses submitted by the appellant, therefore evidence of such a witness could not be ignored lightly

When the appellant had reported his inability to produce its witness and asked for indulgence of the court, it should not have been refused as it would be a clear case of failure to exercise jurisdiction vested

Appeal was allowed, impugned orders were set aside and application of appellant for summoning the witness in question was allowed.